Old Age and Survivor's Insurance

Where the only heir and distributee of the estate of a deceased social
security beneficiary was empowered under California probate law to receive
". . . the residue of cash, and all other property belonging to said
estate, whether described . . . or not . . ." in the decree of
distribution, held, a social security underpayment due the decedent
is "property belonging to said estate" under the terms of the decree of
distribution. Held further, that the distributee of the estate can
give the Administration good acquittance for the underpayment and thus
qualify as a legal representative of the estate within the meaning of
section 204 of the Social Security Act.

D, a deceased wage earner, was due an underpayment of benefits in the
amount of $2,307 at the time of his death. The superior Court of the State
of California issued an order entitled "Order Settling Final Account and
For Distribution" in the matter of D's estate, declaring that H, sister of
the decedent, was his only heir and that all of D's estate was to be
distributed to her. H filed claim for the underpayment as legal
representative of D's estate on February 14, 1968, in accordance with
section 204(d)(7) of the Social Security Act, as amended.

The question to be resolved here is whether H, as only heir and
distributee of D's estate may give the Social Security Administration good
acquittance for the underpayment and thus qualify for such underpayment as
the legal representative of the estate for purposes of section 204(d)(7)
of the Act.

Section 204(d)(7) of the Act authorizes payment of the amount due a
deceased beneficiary to the legal representative of the estate of such
deceased individual where, as in this case, there is no surviving spouse,
child, or parent of the decedent. Qualification as legal representative
depends on whether or not the party can give the Administration good
acquittance. One who has the power to collect the decedent's estate can
generally give the Administration good acquittance. H has the power to
collect the decedent's estate. Under Section 1021 of the California
Probate Code, the distributees may, after the decree of distribution
becomes final, "demand, sue for, and recover their respective shares from
the executor or administrator, or any person having the same in
possession." The decree in the instant case does not specifically list the
social security underpayment due the decedent's estate. However, it
distributes to H, ". . . the residue of cash, and all other property
belonging to said estate, whether described herein or not. . . . The
California courts are clear that such clauses are not void for uncertainty
of description; they pass title just as a literal interpretation of the
language suggests they would. Hunphrey v. Protestant Episcopal
Church, Diocese of Los Angeles 97 P. 187 (Cal. 1908).

It is therefore concluded that the underpayment is part of the property
of the decedent's estate distributed to H and that the Administration will
receive good acquittance if it pays the amount of the underpayment to
her.

Accordingly, it is held that H qualifies as legal representative
of the deceased beneficiary's estate within the meaning of section 204 of
the Act, and may thus be paid the underpayment of $2,307 which was due the
wage earner at the time of his death.

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